Fair Housing
There are laws in place to protect you from illegal housing discrimination and harassment. The Federal Fair Housing Amendments Act, the California Fair Employment and Housing Act, and the California Unruh Civil Rights Act prohibit discrimination in the housing industry. Federal legislation protects persons from discrimination based on race, color, national origin, sex, religion, handicap (physical or mental disability), and familial status.
California statutes prohibit discrimination based on sex, sexual orientation, race, color, religion, familial status, ancestry, marital status, national origin, mental or physical disability, source of income, or any other arbitrary reason such as age or occupation. Primary language, immigration status, age and citizenship are covered under the Unruh Civil Rights Act, which applies to most housing accommodations in California.
How your rights may have been violated
The following may be considered discrimination based on your protected characteristics:
- Refusal to sell, rent, or lease rooms, apartments, mobile homes, condos or houses
- Refusal to negotiate for the sale, rental or lease of housing
- Informing someone that an apartment is not available when it is, in fact, available
- Denial of a home loan or homeowner’s insurance
- Refusal to permit, at a disabled tenant’s request, reasonable modifications when necessary to accommodate a disability
- Rules that restrict only families with children
- Refusing to rent to a tenant with a Section 8 voucher
- Refusing to rent to anyone with a criminal history
- Screening prospective tenants in a way that discriminates based on a protected characteristic
- Other discrimination experienced when seeking housing assistance or engaging in other housing-related activities
Who may file an allegation?
Anyone who has been or will be harmed by a discriminatory housing practice
Who may have an allegation file against them?
Property owners, property managers, developers, real estate agents, mortgage lenders, homeowners’ associations, insurance providers, and others who affect housing opportunities.
How to File a Complaint About Illegal Housing Discrimination and Harassment
Filing with the U.S. Department of Housing and Urban Development (HUD)
If you have experienced housing discrimination under the Fair Housing Act, which can include discrimination based on:
- race
- color
- national origin
- religion
- sex (including gender identity and sexual orientation)
- family status
- disability
- you have a housing choice voucher (HCV), and your landlord is not addressing safety issues
You may contact the HUD Fair Housing and Equal Opportunity office to file a complaint. Please note that you must file your allegation within one year of the last date of the alleged discrimination under the Fair Housing Act. The housing discrimination complaint will be reviewed by a fair housing specialist to determine if it violates the Fair Housing Act. If there is a possible violation, an official complaint will be opened.
Visit HUD Office of Fair Housing and Equal Opportunity or call 1-800-669-9777.
Filing with the California Civil Rights Department (CRD)
If you believe you faced housing discrimination based on the State Protected Characteristics, including:
- sex
- sexual orientation
- race
- color
- religion
- familial status
- ancestry
- marital status
- national origin
- mental or physical disability
- source of income
- any other arbitrary reason such as age or occupation
You can submit an intake form to the CRD. The CRD will determine if your complaint is a violation of the laws that the Department enforces. Not all violations fall under CRD enforcement.
Visit the California Civil Rights Department here.